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Report of the Inquiry into the circumstances of the Death of Bernard ...

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if refractory or violent;<br />

for restraint;<br />

pending <strong>the</strong> hearing <strong>of</strong> a disciplinary charge; or<br />

as a result <strong>of</strong> a punishment awarded at an adjudication.<br />

Punishments under <strong>the</strong> Prison Rules<br />

7.9 The Prison Discipline Manual dating from 1995 (PDM 1995) provides that <strong>the</strong><br />

facilities listed in Standing Order 4 may be withdrawn from adult <strong>of</strong>fenders for up to 42<br />

days as a punishment, but specified that certain facilities should not normally be<br />

withdrawn. These were:<br />

general and educational notebooks<br />

drawing books<br />

radios<br />

attendance at educational classes<br />

correspondence courses<br />

purchase <strong>of</strong> stamps and phone cards.<br />

In addition, adjudicators were authorised to stop all or part <strong>of</strong> an adult prisoner’s daily<br />

pay, up to an amount equivalent to 42 days full pay.<br />

7.10 The current advice on Adjudications is set out in Prison Service Order (PSO)<br />

2000 which came <strong>into</strong> force in January 2006. The provisions on punishments are not<br />

markedly different from <strong>the</strong> earlier guidance but state that <strong>the</strong> purchase <strong>of</strong> stamps and<br />

phone credits and <strong>the</strong> use <strong>of</strong> <strong>the</strong> telephone should not normally be forfeited unless <strong>the</strong><br />

<strong>circumstances</strong> <strong>of</strong> <strong>the</strong> <strong>of</strong>fence are directly related to <strong>the</strong>ir abuse. The maximum amount<br />

for stoppage <strong>of</strong> earnings is raised to 84 days full pay but <strong>the</strong> provision repeats that<br />

prisoners should normally be able to buy phone credits and stamps.<br />

The Incentives and Earned Privileges Scheme<br />

7.11 The Incentives and Earned Privileges Scheme (commonly known as IEP or<br />

IEPS) is a system for linking <strong>the</strong> facilities that each prisoner is permitted to assessments<br />

<strong>of</strong> his/her individual behaviour and performance. Every prison is required to allocate<br />

prisoners to basic, standard or enhanced regime levels, which attract different levels <strong>of</strong><br />

45

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